New York REFUSE THE TESTS

1. New YorkREFUSE THE TESTS Refusing the test is believed to be the most effective and quickest way to release the strangling hold high stakes testing has on our public education system .

2. This power point contains: • Sample opt out letters • Sample advocacy letters • Sample board of education letter • Answer questions parents frequently have in regards to opting out • Laws pertaining to parents rights • Informative Links

3. List of Reasons Why Testing is Damaging: • Testing takes away approximately 25% of our children's academic school year. • Testing gives teachers incentives and forces teachers to "teach to the test" instead of nurturing higher order thinking skills. • Testing teaches children that there is only one right answer in academics and in life. • Testing costs millions of dollars of taxpayer money to produce and thousands of dollars of our school district's money to implement. • Testing takes all the joy out of school for children and teaches them to resent school. • Testing encourages our best teachers to seek other careers where their expertise is valued. • Testing is developmentally destructive for specific age groups. • Testing is creating corruption among schools where school districts are cheating on test scoring. • Testing is creating corruption among students where students are purposely scoring poorly to negatively affect teachers that they don’t like. • Testing teaches our kids to not care by giving them so many tests that students report randomly filling in answers on tests because they know the test doesn’t count for anything. • Testing gives teacher’s incentives to care more about their teacher evaluation than they do about children. • Testing uses our children as tools to evaluate school districts, schools, and teachers. Students do not even get a chance to learn from their mistakes. In fact, they never see the test after they take it. These tests strictly use our children as tools.

4. Some of the reasons why parents are having their child refuse to participate in standardized testing this year: “Last fall I heard about SLO tests, and when I started learning about them I thought it was the dumbest solution to accountability ever. Then I asked a few questions and learned that the State tests are also used to evaluate teachers and schools. Then I did a little math, added up how tests are administered and said "this has to stop". I was in the dark, blind to the whole mess, which is why it is so important for us to just educate parents about the problem.” Eric L. Mihelbergel Parent of a 2nd and 5th grader “ I have always felt like standardized tests were flawed, but as a parent of a 5 year old I am particularly concerned about the amount of testing we are forcing on our young children. Research shows that testing young children is highly unreliable and most specialists in the field of early childhood education condone the practice. We have opted-out of all forms of assessment that aren't for the sole use of the classroom teacher, who I feel is the most skilled to be able to judge my son's progress. We aren't facing high-stakes tests this year, but we are committed to boycotting them in the future as well. People often wonder why we are so worried already. We don't want our children's education dominated by meaningless assessments, and we want them to grow up with a sense of normalcy when it comes to questioning the value of these tests and saying 'no thank you!‘” Danielle Boudet Parent of a preschooler “Standardized testing is a inaccurate way to measure learning and determine success in any content area. The new state mandates especially the common core state standards are depriving my children of a meaningful education and deterring them away from developing a love for learning. The amount of testing and assessments forced upon children is excessive and that excessive amount of testing is being used by NYSED to determine if a teacher is effective or not. I can't stay silent and do nothing while these unjustly abusive mandates and policies are setting up our children and our schools for failure. I'm not okay with corporations and politicians taking advantage of students and teachers.” Sara Wottawa Parent of a Kindergarten and 2nd grader “ I've seen firsthand my child go from loving learning to being worried, anxious and stressed about these tests. These tests...which have no real bearing on her future...these tests...which take up months of test prep time instead of teaching time...these tests...which are making corporations VERY rich and children very stressed...these tests...which are being used to grade teachers who got into teaching to make a difference, not make children miserable.” Parent of a 1st and 4th grader “We simply feel our children are spending way more time testing with no benefit to them. We want them to spend more time learning over testing, practice tests, and all the other assessments they endure. They've lost all time associated with projects and hands on learning.” Ricki Braun Marin Parent of a 3rd and 5th grader

5. Sample Test Refusal Letter Dear Administrator, Thank you for all that you do for our school. I am writing to respectfully inform you that my child, (name), under my guardianship and advice, will be scored as a “refusal”, with a final score of “999” and a standard achieved code of 96, on all State testing including ELA, Math and Science as described in the NYS Student Information Repository System (SIRS) Manual on page 63. Please note that a “refusal” is not the same as “absent” as they are defined differently and scored with different standard achieved codes on page 63 of the SIRS Manual. Also note that on page 25 of the 2013 Edition School Administrator’s Manual it is explained that “The makeup dates are to be used for administering makeup tests to students who were ‘ABSENT’ during the designated administration dates.” My child will specifically be scored as a “refusal”, not “absent”, and therefore my child will continue to receive a free and appropriate public education in his/her regular classroom environment during the administration of all makeup test periods as this letter provides written verification of a “refusal” for all tests. I would ask that the school please provide an alternative activity for my child during administrative sessions of testing (not makeup tests, as my child will be in his/her regular classroom environment during makeup tests). However, I understand that an alternative activity is not required on the part of the school. If you are unable to provide an alternative activity for my child I would ask that you please utilize the provision of the NYS Testing Program Educator Guide to the 2013 Common Core which, on page 9, explains “When Students Have Completed Their Tests….that student may be permitted to read silently.” I am reserving the option of removing my child from school during the test administration session depending on the emotional anxiety state of my child on the day of refusal and whether or not the school will provide an alternate activity for my child. Thank you very much. I look forward to a great end of the school year. Sincerely,

6. Sample Opt Out Letter • Dear (name of administrator) • We are writing today to formally inform the district of our decision to refuse to allow our child (name) , to participate in any standardized assessments imposed on children across the state for remainder of the 2012-2013 school year. Our refusal should in no way reflect on the teachers, administration, or school board. This was not an easy decision for us, but we feel that we have no other choice. We simply see these tests as harmful, expensive, and a waste of time and valuable resources. • This year we will show effort to eliminate unnecessary and harmful assessments in our public schools. Our child will not participate in any assessments other than those solely for the use of the individual classroom teacher. • We refuse to allow any data to be used for purposes other than the individual teacher’s own formative or cumulative assessment. Any assessment whose data is used to determine school ranking, teacher effectiveness, state or federal longitudinal studies or any other purpose other than for the individual classroom teacher’s own use to improve his or her instruction will not be presented to our child. To be clear, our children will not participate in the following: • Any state assessment • Any so-called “benchmark” exams whether they are teacher-designed or not, since these exams are imposed by entities other than the individual teacher. • Pre –assessments connected to “Student Learning Objectives”. • Any surveys, or “field tests” given by corporate or government entities or testing companies. • Any progress- monitoring or RTI assessments such as Aimsweb • Any exam used to formulate an evaluation or score for our children’s teachers or their school. • We will be encouraging other parents to stand up against the testing fad and, more importantly, the corporate and government takeover of our schools. We believe in and trust our highly qualified and dedicated teachers and administrators. We believe in the high quality of teaching and learning that occur in our child’s school. We hope our efforts will be understood in the context in which they are intended: to support the quality of instruction promoted by the school, and to advocate for what is best for all children. Our schools will not suffer when these tests are finally gone, they will flourish. • (Name of School District) should have a unified policy in place to address children who are refusing these assessments. • We do apologize in advance for the inconvenience or scrutiny that this decision may cause the administration, the school, and staff. • Sincerely, • (your name) • ATTACH COPY OF REFFUSAL PROCEDURE

7. Sample Board of Education Letter Good evening. Thank you for everything that you do for our children in the district. We all work hard to do what is best for the students. My name is __________. I have two sons. And my oldest is in kindergarten at _________. I know ________ is an excellent school district, and I am happy that my children are able to go to here. However, with all of the recent changes in education, I am worried for them and their education. NYS standardized testing has become excessive and extraordinarily harmful to students, teachers, and our schools in general. It has changed the culture and climate of schools for the worse. I believe in our students, teachers, administrators, and in you. I believe in standards. I believe in assessments. I believe strongly in public education. I do NOT believe that private companies, like Pearson, have the best interest of our children, our future leaders, in mind. I do NOT believe in high-stakes standardized testing. And, most importantly, I DO believe that the current implementation of high-stakes standardized testing will bankrupt and destroy public education. High-stakes testing already pollutes our classrooms. There are test prep, SLOs, and Common Core Content Standards that are not developmentally appropriate, and set our children up to feel like failures from the start. High stakes testing is also expensive. It is a tremendous financial burden which will bankrupt the public school system. When I consider the effects of testing on our budget, I have three questions for you: 1) What are the direct and indirect costs of standardized testing? 2) What percentage of our budget is that? 3) The PARCC standardized testing is approaching which is a computerized test requiring additional technology to administer. What more will be cut as we allocate our funds to technology to meet that mandate? As our resources are directed towards these mandates, they are taken away from the arts and other non-mandated elements of our curriculum which negatively impacts our students’ ability to be truly college and career ready- or more simply said- their ability to be happy, healthy, and wise. I believe that we are at a crucial point in public education. I do NOT believe that we can hunker down, do our best, and wait for these “tough times” to pass. If we do not take a stand now, we may not have anything to stand for at all. Public education as we know it could disappear in the near future leaving us with a hierarchy of charter schools ranging from the “have-it-alls” to “never-had-a-chance”. Here is my request. Other school boards across NYS have written resolutions on high stakes testing. I ask that you, too, stand up for our students and our community in this way. I have copies for you of a national resolution on high stakes testing. I urge you to review the information. I would like to again thank you for everything that you do on a volunteer basis on behalf of our community and our students. I admire your courage to stand for what is right and look forward to your action in fighting the privatization and profiteering of public schools. Thank you.

8. Frequently Asked Questions Q: My Childs School District Said I’m not allowed to Opt my Child Out. What should I do now? A: You should respond to your district with the following Information. I am well aware there is no provision in statue of regulation allowing parents to opt their children out of tests in New York State. However, federal law states that parents possess the “fundamental right” to “direct the upbringing and education of their children.” Furthermore, the Court declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” In recognition of both the right and responsibility of parents to control their children’s education, the Court has stated, “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for the obligations the State can neither supply nor hinder.” Just to be clear, (name of school district) does not have permission to administer any state or district mandated standardized benchmark assessments to my children. Attach Copy Of The United States Code Chapter 48 Department of Education Subchapter I - GENERAL PROVISIONS

9. 20 U.S.C. United States Code, 2011 Edition Title 20 - EDUCATION CHAPTER 48 - DEPARTMENT OF EDUCATION SUBCHAPTER I - GENERAL PROVISIONS From the U.S. Government Printing Office, www.gpo.gov SUBCHAPTER I—GENERAL PROVISIONS §3401. Congressional findings The Congress finds that— (1) education is fundamental to the development of individual citizens and the progress of the Nation; (2) there is a continuing need to ensure equal access for all Americans to educational opportunities of a high quality, and such educational opportunities should not be denied because of race, creed, color, national origin, or sex; (3)parents have the primary responsibility for the education of their children, and States, localities, and private institutions have the primary responsibility for supporting that parental role; (4) in our Federal system, the primary public responsibility for education is reserved respectively to the States and the local school systems and other instrumentalities of the States; (5) the American people benefit from a diversity of educational settings, including public and private schools, libraries, museums and other institutions, the workplace, the community, and the home; (6) the importance of education is increasing as new technologies and alternative approaches to traditional education are considered, as society becomes more complex, and as equal opportunities in education and employment are promoted; (7) there is a need for improvement in the management and coordination of Federal education programs to support more effectively State, local, and private institutions, students, and parents in carrying out their educational responsibilities; (8) the dispersion of education programs across a large number of Federal agencies has led to fragmented, duplicative, and often inconsistent Federal policies relating to education; (9) Presidential and public consideration of issues relating to Federal education programs is hindered by the present organizational position of education programs in the executive branch of the Government; and (10) there is no single, full-time, Federal education official directly accountable to the President, the Congress, and the people. (Pub. L. 96–88, title I, §101, Oct. 17, 1979, 93 Stat. 669.)

10. Q: If I Opt my child Out how will it affect my child’s teacher? A: There is no punishment or consequences to your child’s teacher if you choose to Opt Your child Out. It is not the teachers fault if my child refuses to take the test. Q: Can my child’s refusal affect their teachers APPR evaluation. A: Since APPR is a newly developed teacher Evaluation Plan there is no way of correctly answering this question. However If a teacher receives a poor evaluation due to not enough student participation the school district would have ground to nullify the poor evaluation. If District refused to nullify, teacher has grounds for a suit. • Q: How does opting out effect my schools report card ? • A: Opting-Out will NOT affect your schools report card. • *Note: If the school districts participation rate falls below 95% on tests then the district may be required to set aside 5-15% of Title one funding into a separate account for special improvement projects. But so far this is just a threat because it has never happened • Q: Will a special education student lose services or be declassified by opting out? • A: NYS tests have no bearing whatsoever on a child's eligibility for services.

11. Parental Rights Parental rights are broadly protected by Supreme Court decisions (Meyer and Pierce), especially in the area of education. The Supreme Court has repeatedly held that parents posses the “fundamental right” to “direct the upbringing and education of their children.” Furthermore, the Court declared that “the child is not the mere creature of the State: those who nurture him and direct his destiny have the right coupled with the high duty to recognize and prepare him for additional obligations.” (Pierce v. Society of Sisters, 268 U.S. 510, 534-35) The Supreme Court criticized a state legislature for trying to interfere “with the power of parents to control the education of their own.” (Meyer v. Nebraska, 262 U.S. 390, 402.) In Meyer, the Supreme Court held that the right of parents to raise their children free from unreasonable state interferences is one of the unwritten "liberties" protected by the Due Process Clause of the Fourteenth Amendment. (262 U.S. 399)

12. Click on the links below for more information and see how others are standing up and fighting back to save our public education system from crumbling. http://www.nystoptesting.com/ United Opt Out New York New York Principals Letter http://www.childrenofthecore.com/ http://atthechalkface.com/ The Plain Satisfactions Change the Stakes Network for Public Education National Center for Fair & Open Testing Time Out From Excessive High Stakes Testing Join a Facebook Group or Follow a Facebook Page United Opt Out Group Opt Out New York Group Opt Out Long Island Group Rethinking Testing Mid-Hudson Region Long Island Parents & Teachers Against Standardized Testing & APPR Parents Kids Against Standardized Testing Letters and Experiences of Parents who chose to Opt Out Group